Section 216-RICR-40-05-25.7 - Denial, Suspension, Revocation and Severability25.7.1Revocations or SuspensionsA. The Department shall have the power to refuse to issue or may revoke or suspend any license issued by it under this Part, after written notification and hearing before the Board for gross incompetency or for unprofessional conduct as defined in R.I. Gen. Laws § 5-33.2-17.B. Each funeral director/embalmer of record shall, on or before the tenth (10th) day of the following month, file a report with the state registrar of vital records listing funerals and/or decedents serviced following deaths or fetal deaths within the month. (This report is to be filed even if there is no activity within the month to report). Failure to file these reports or any of the certificates required under R.I. Gen. Laws § 23-3-16 within the prescribed time limits shall be grounds for disciplinary action, including revocation of license by the Board.C. Before any license shall be so revoked or suspended, the holder thereof shall have notice in writing of the charge or charges against him/her and shall have reasonable opportunity to be heard in his/her defense.D. Any person whose license has been so revoked or suspended may apply to have the certificate reissued, and the certificate shall be reissued to him/her upon a satisfactory showing that disqualification has ceased.E. Appeals 1. All hearings and reviews required under the provisions of the Act shall be held in accordance with rules and regulations pertaining to Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).F. Violations and Penalties are pursuant to R.I. Gen. Laws § 5-33.2-21.25.7.2Variance ProcedureA. The Department may grant a variance upon request of the licensee from the provisions of any rules and regulations of this Part, if it finds in specific cases, that a literal enforcement of such provision will result in unnecessary hardship to the licensee and that such a variance will not be contrary to the public interest.B. A request for a variance shall be filed by a licensee in writing, setting forth in detail the basis upon which the request is made.1. Upon filing of each request for variance with the Department and within a reasonable time thereafter, the Department shall notify the licensee by certified mail of its approval or in the case of a denial, a hearing date, time and place may be scheduled if the licensee appeals the denial. Such hearing must be held in accordance with the provisions of §25.7.1(E) of this Part.216 R.I. Code R. § 216-RICR-40-05-25.7